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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 318
BY SENATOR GARY SMITH
AN ACT1
To amend and reenact R.S. 32:1261(A)(1)(t), relative to warranty repairs; to provide relative2
to unauthorized acts; to provide for exemptions; to provide for certain terms and3
conditions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:1261(A)(1)(t) is hereby amended and reenacted to read as6
follows:7
ยง1261. Unauthorized acts8
A. It shall be a violation of this Chapter:9
(1) For a manufacturer, a distributor, a wholesaler, distributor branch, factory10
branch, converter or officer, agent, or other representative thereof:11
* * *12
(t) To operate a satellite warranty and repair center, to authorize a person to13
perform warranty repairs who is not a motor vehicle dealer, or to authorize a motor14
vehicle dealer to operate a satellite warranty and repair center within the community15
or territory of a same-line or make motor vehicle dealer. This Subparagraph shall not16
apply to recreational any of the following:17
(i) Recreational product manufacturers.18
(ii) Emergency service of a vehicle.19
(iii) A fleet owner or governmental entity that is authorized to perform20
warranty repairs on any of the following motor vehicles owned or leased by the21
fleet owner or governmental entity:22
(aa) Those with a gross vehicle weight rating of twelve thousand pounds23
or more.24
(bb) Those designed for the movement of property, freight, or goods in25
intrastate or interstate commerce.26
(cc) Those designed for use in utility installation, maintenance, and27 SB NO. 318 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
repair.1
(iv) The dealer that sold the motor vehicles listed in Item (iii) of this2
Subparagraph to the fleet owner or governmental entity may and a3
manufacturer that authorized the fleet owner or governmental entity to4
perform warranty repairs on the motor vehicles described in Item (iii) of this5
Subparagraph shall give notification of the authorization to the dealer located6
in the same community or territory where the fleet owner or governmental7
entity intends to perform the authorized warranty repairs. The notification8
shall include the type of warranty repairs authorized by the manufacturer.9
(v) A fleet owner or governmental entity performing warranty repairs10
to the motor vehicles listed in Item (iii) of this Subparagraph shall meet the11
same requirements for special tools, equipment, and technician certification12
that are required of a franchise dealer that is authorized to make the same13
warranty repairs on the same makes and models of motor vehicles being14
repaired by a fleet owner or governmental entity.15
(vi) A fleet owner or governmental entity authorized to perform16
warranty repairs to the motor vehicles listed in Item (iii) of this Subparagraph17
shall not make repairs to the internal drive train or the after-treatment exhaust18
system of such motor vehicles.19
(vii) For the purposes of Items (iii) through (vii) of this Subparagraph,20
"fleet owner or governmental entity" shall mean a person who or unit of21
government that owns or leases for its own use or a renting or leasing company22
that rents to a third party ten or more of the motor vehicles listed in Item (iii)23
of this Subparagraph.24
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: